Research On Legal Problems Of Fishery Rights Circulation

Since the launch of reform and opening up policy, China has achieved rapid development in fishery industry, but there are also many problems can not be ignored behind these rapid developments. Among these problems, the most important is that the economic position of fishery is out of proportion to the legal status of fishermen. On the one hand, the output value of China’s fishery accounts for about 10 percent of agricultural output, involving more than 1,000 fishery labor; but on the other hand, the rights of our fishermen engaged in fishing is basically without legal status, which gives the administration, enterprise units and individual chance against fishermen. Infringement against fishermen’s legitimate rights exists with high frequency, which leads to serious consequences.In this paper, the connotation and legal nature of fishing rights is analyzed, focusing on the circulation of fishery rights system for analysis and definition, combined with the practice of relevant countries and China’s fishery actual situation, suggestions are proposed to improve the construction of Chinese fishery rights circulation. The article consists of three parts:In the first part, the connotation and legal nature of fishery rights is determined, being launched from two aspects of connotation and legal nature of fishery rights. In the first part of the paper, basic definition of cultivation rights and dredging rights are made to a clear statement. In the second part, a detailed analysis of the legal nature of the fishery rights for specific system is made, making a foundation for fishery rights circulation systems and institutions demonstrated later.In the second part, the main problem of the fishery rights circulation system, that is the obtain of fishery rights, is analyzed, and then followed the fishery rights circulation in terms of the nature, manner, conditions and procedures to demonstrate and define, making the obtain of fishery rights, circulation one complete architecture.In the third part of this article, specific content of improving the content of fishery rights circulation system is proposed, designing mainly from the renting, transfer, contract, mortgage four specific ideas, thus feasible suggestions for fishery rights circulation could be provided.